REGENT COMPUTRONICS PVT. LTD.

SAROJ AGARWAL Appellant

V/S

Union of India And Ors. Respondents

Referred Judgements :-

CALEDONIAN RAILWAY CO. VS. WALKER'S TRUSTEES [REFERRED TO]
SUSANNAH SHARP VS. WAKEFIELD [REFERRED TO]
QUINN VS. LEATHEM [REFERRED TO]
STATE OF BIHAR VS. P.P. SHARMA [REFERRED TO]
KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA VS. STATE OF MAHARASHTRA [REFERRED TO]
DEEPALI GUNDU SURWASE VS. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAY [REFERRED TO]
HINDUSTAN TIN WORKS PVT LIMITED VS. EMPI OYEES OF HINDUSTAN TIN WORKS PRIVATE LIMITED [REFERRED TO]
MANAGING DIRECTOR UTTAR PRADESH WAREHOUSING CORPORATION VS. VIJAY NARAYAN VAJPAYEE [REFERRED TO]
SURENDRA KUMAR VERMA VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT NEW DELHI [REFERRED TO]
SWADESHI COTTON MILLS NATIONAL TEXTILE CORPORATION UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
KARAM PAL RAMSARUPKANWAR VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [REFERRED TO]
CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED VS. BROJO NATH GANGULY / TARUN KANTI SENGUPTA [REFERRED TO]
AMBICA QUARRY WORKS AMBALAL MANIBHAI PATEL VS. STATE OF GUJARAT [REFERRED TO]
BHARAT SINGH DALLU NATHU RAM RAM PHAL VS. STATE OF HARYANA [REFERRED TO]
KRISHENA KUMAR BALBIR SINGH DESH RAJ KOHLI R N MUBAYI PRESIDENT ALL INDIA RETIRED RAILWAYMEN P F TERMS ASSOCIATION BRIJ MOHAN KAUL K RAVI VERMA VS. UNION OF INDIA [REFERRED TO]
ALL INDIA STATE BANK OFFICERS FEDERATION NATIONAL FEDERATION OF STATE BANK OFFICERS VS. UNION OF INDIA [REFERRED TO]
CHANDIGARH ADMINISTRATION VS. LAXMAN ROLLER FLOUR MILLS PRIVATE LIMITED [REFERRED TO]
P G I OF M E AND RESERCH CHANDIGARH VS. RAJ KUMAR [REFERRED TO]
STATE OF PUNJAB VS. V K KHANNA [REFERRED TO]
INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED VS. AJAY KUMAR [REFERRED TO]
VIVEKA NAND SETHI VS. CHAIRMAN J and K BANK LTD [REFERRED TO]
U P STATE BRASSWARE CORPORATION LTD VS. UDAI NARAIN PANDEY [REFERRED TO]
NATIONAL BOARD OF EXAMINATIONS VS. G ANAND RAMAMURTHY [REFERRED TO]
J K SYNTHITICS LTD VS. K P AGRAWAL [REFERRED TO]
DEEPALI GUNDU SURWASE VS. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA [REFERRED TO]
ARASMETA CAPTIVE POWER COMPANY PRIVATE LIMITED VS. LAFARGE INDIA PRIVATE LIMITED [REFERRED TO]

JUDGEMENT

(1.) The matter was taken up for further hearing pursuant to the order date 13/3/2020.

(2.) Mr. Parthasarathi Sengupta, Ld. Senior Counsel on behalf of the Respondent argued as follows:

(3.) The respondent have relied on the decision of the Hon'ble Supreme Court in the case of All India State Bank Officers' Federation v. Union of India, (1997) 9 SCC 151 on the point that malice cannot be urged unless the person alleged against whom it is alleged, is impleaded in a personal capacity, in the pleadings. The said decision was concerned with a policy decision of the Bank and it was alleged that the Board of Directors framed the policy only to favour the respondent no. 4 and 5. It is in that context that the Supreme Court had held that the CMD and the directors of the Bank ought to have been made parties to the proceedings. In the case at hand malicious and/or mala fide conduct is evident from the documents and the manner in which the petitioner was dismissed from service. It has not been argued or contended by BBNUL the termination and process thereof was erroneous or incorrect on the contrary it is sought to be justified and asserted.

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SAROJ AGARWAL Vs. UNION OF INDIA AND ORS.

Referred Judgements :-

JUDGEMENT

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